Can I leave everything to my wife and only after her death have everything go to my children?

The answer depends on the law governing the succession.

In many legal systems, it is admissible to leave all assets to the spouse and only after their death transfer them to the children. However, Portuguese law does not allow this arrangement, as it provides for the existence of “forced heirs,” who are always entitled to a compulsory share of the estate. Nevertheless, this limitation may be overcome by choosing, in a will, a foreign law that permits this type of estate planning.

Through a will, it is possible to choose whether the succession should be governed by the law of the testator’s nationality or by the law of the country where the testator habitually resides (when they are different). Without a will, the law of the country of habitual residence at the time of death applies automatically.